Judges faulted for PKS loss

The Jakarta Post, Jakarta

The West Java High Court judges committed "unprofessional conduct" in settling the Depok mayoral election dispute, according to a team of Supreme Court justices assigned to review the widely protested high court ruling.

Team member Gunanto Suryono said on Tuesday that the team had recommended Supreme Court Chief Justice Bagir Manan impose administrative sanctions against the judges.

"We have submitted our recommendations, but it's the sole authority of the Chief Justice to make the final decision," Gunanto said.

The West Java High Court issued last month a much-debated decision, which annulled the victory of the Prosperous Justice Party (PKS) candidate Nur Mahmudi Ismail in the June Depok mayoral election, and instead named Golkar Party candidate Badrul Kamal as the winner.

The Court ruled that 27,782 votes had been incorrectly given to Nur Mahmudi, and 62,770 votes had been taken away from Badrul as a group of voters were banned from casting their votes.

The PKS and the Depok General Elections Commission (KPUD) have both protested the ruling. The latter has filed for a judicial review of the ruling with the Supreme Court.

Gunanto said the first mistake made by the West Java High Court judges was related to "lack of discipline" as they made the ruling on Aug. 4, which was 14 days beyond the deadline for dispute settlements set under the regional election law.

The second mistake was related to "poor professionalism" as the decision to grant the 62,770 votes to Badrul and reduce those of Nur Mahmudi was based on assumptions.

"I've asked Nana Juana (the West Java High Court chief judge) how they had come up with the decision. He said it was made based on assumptions," Gunanto stated.

The judges assumed, for instance, that the 62,770 voters who were unable to vote, would have indeed voted for Badrul.

Asked whether the team's recommendations would affect who would eventually assume the post of mayor in Depok, Gunanto said it would all depend on Bagir. "It's up to him whether he would consider the recommendations or not."

The Judicial Commission is also currently reviewing the performance of the West Java High Court judges. It is expected to submit its recommendations to the Supreme Court next week.

Elsewhere, Gunanto said that although the law stipulates that a high court ruling on an election dispute would be final, a request for a judicial review of the ruling with the Supreme Court was still possible.

"I support the efforts of the Depok KPUD, which filed a judicial review," he said.